I, too, support the proposal of the noble Baroness, Lady Miller, and the observations that she made in her powerful speech. Clause 18 would remove the criterion of persistence from the offences of kerb crawling and soliciting as currently defined in Sections 1 and 2 of the Sexual Offences Act 1985? The criterion of persistence serves a valuable purpose. That is not because there is any right to solicit for the purposes of prostitution; it is because the criterion of persistence helps to ensure that there is no room for misunderstanding or doubt about the defendant’s intentions. After all, this is an area of human conduct where there is ample room for ambiguity and a real danger of miscarriages of justice. I would welcome the Minister's explanation of why, in the light of that, it is thought appropriate to remove the criterion of persistence.
Policing and Crime Bill
Proceeding contribution from
Lord Pannick
(Crossbench)
in the House of Lords on Monday, 6 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Policing and Crime Bill.
Type
Proceeding contribution
Reference
712 c452 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 12:34:04 +0100
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